Local resident wins against Havering Council

A significant legal victory has been achieved by local resident advocacy group Clear the Air in Havering, following a successful judicial review against Havering Council pertaining to the contaminated status of an illegal landfill site at Launders Lane, Rainham. The High Court found in favour of Clear the Air in Havering on three crucial legal points, fundamentally questioning Havering Council's understanding and assessment of contamination risk associated with constant fires on the site.

The court ruled that the Council had misdirected itself regarding the smoke from the frequent fires that have engulfed the landfill, determining that it could indeed be recognised as a contaminant linkage under the contaminated land regime. Importantly, the High Court established that the air quality monitoring undertaken by the Council was inadequate, notably based on a single monitor situated away from prevailing wind patterns, which failed to capture the true extent of complaints related to the smoke. Furthermore, the court indicated that the Council's decision to classify the land was made prematurely without sufficient monitoring ahead of this decision.

As Justice Mrs Justice Lieven observed, the ongoing fires have presented the Rainham community with significant challenges since 2018, exacerbated by the council's refusal to designate the area as contaminated. “The judge recognised the risk of significant harm to health that the fires are causing, impacting Rainham residents and the local London Fire Brigade,” said Ruth Kettle-Frisby of Clear the Air in Havering.

Emily Nicholson, a Partner at Mishcon de Reya representing the residents, remarked on the importance of the ruling, stating, “This is the first judgment that we are aware of which deals with assessment under the Contaminated Land Guidance.” She added that the council must reassess its monitoring processes in light of this judgment, considering the documented health impacts of the numerous fires, especially with the warmer weather raising the potential for more frequent incidents.

Moreover, Kettle-Frisby highlighted the persisting challenges faced by Rainham residents, who have reported constant distress from smoke affecting local schools and causing health issues such as coughing and eye irritation. She stressed that while they celebrate their legal win, the community continues to face a desperate situation and remains focused on ensuring the council implements effective strategies to protect public health during this critical period.

As the community of Rainham looks ahead, their resolve to hold the council accountable strengthens amid ongoing environmental hazards posed by the Launders Lane landfill site